Need Advice: May have to threaten to Sue my Former Bosses!!! EEEKKK!!!

[bettyellen]

I was laid off the Monday of Thanksgiving week in New York City.
During the termination conversation, my bosses said they would "take care of me", I said in addition to serverance, I had not been able to take most of my earned vacation this year. They agreed.
I received a paycheck to day not covering that Monday at all. I had already corrected the HR person and reminded her I worked all that day. I also corrected her statement that I had taken all my vacation. They owe me eight days. I did not receive a response. The problem is, they didn't pay me all three weeks vacation for my first year there, either. They didn't allow me to take it, and then said I didn't take it quickly enough and never compensated me for it. Their employee handbook says one week, but three weeks vacation was part of my salary negotiations. I had already a 7 year history with these people. I think now they are going to pretend I was never given three weeks.
A year ago, I had talked about leaving the company and they gave me a big lecture about how I owed them the chance to work things out, they would never dump me like that, etc. I actually turned down job offers because I thought I had job security at least. So I think there's some basis for misrepresentation there.
I need to try and reach the more reasonable two of the bosses on Monday and see if they will be more reasonable, but it seems like they have been hiding from me.
I am afraid if I cash this check, I am stuck without getting paid for that Monday if I cash it Is that right?
The big problem, I am probably going to have to threaten to file a complaint or sue them. And I have nothing in writing and two partners willing to lie about anything to anybody.
They didn't even pay me for the last day I worked there, which flips me out so, I am ready to get a lawyer. But is it a big waste of time?
Are they going to take any threat seriously knowing I have nothing in writing?
I believe that they are jerks enough to come through with something if I threaten to sue, but of curse funds are short and I need to do the best I can right now without paying for a lawyer. Yikes! Any strategy ideas? I am a salary worker in New york City.
Thanks in advance!

[papau]

1. City/State/Federal Labor department rules do not give you a cost free

alternative?

[bettyellen]

2. There's a comission to file a complaint with the eec or eoc??

Something... I don't know, but they all emphasized the importance of having proof in writing.
I feel like such an idiot for not having that. All's I have are a few cc's from work email on my last day, which proves I guess that I was there.
I really do not want to sue anybody. I know that nothing much else might motivate them though. Not sure how much of a waste of $$ and time it will be though.

[papau]

9. he said/she said is NOT a lack of proof - just credibility will be judged

perhaps via calling other employees - or your bosses - to testify or give written statements. Salary non-payment is taken very seriously by the State.

You might even start with your UE benefit hearing so as to not have a waiting period as a voluntary quit - if that is also in their bag of lies.

[bettyellen]

10. They will get some employees to lie...

I know they could, and would. Bag of lies is right!! But everybody's afraid of losing their job. Our Human Resources person saw me at work that afternoon, I spoke with her, and she cut the check anyway not paying me for that day. And she thinks she's a serious pious Christian, she always made me laugh with that shit, becasue she is as crooked as the bosses.

[Dr Ron]

3. Maybe this will help

I'm not a lawyer, and information in my state might not apply at all to you, but maybe this information will be of some help.

I had an employee a couple years ago who quit and then tried playing a lot of games to get money she wasn't entitled to. As a consequence of that I learned a bit about the system. Again, no guarantees that any of this will apply to your situation in a different state.

I found that the state was very stict on any question of not paying for hours worked. (In this case, I took money from the last pay check to cover money I advanced her a couple of months earlier when her husband threw her out and she had no money to put down on a new appartment.) It turned out that they accepted no reasons for not paying for hours worked. Assuming my experiences apply to your state, I don't think that cashing a paycheck which leaves out hours will be a problem, and a complaint to appropriate state agency might be sufficient without needing a lawyer for this issue.

She also made a number of false complaints about being entitled to vacation time she was not entitled to. The state agencies would not even intervene on the issue of vacation time. My guess is that a lawyer could act on this issue if there is written record of your negotiations. (If you don't have it in writing that you would get more vacation days than the employee handbook says, most likely you are screwed).

You'd also need to discuss with a lawyer whether you have any grounds for a wrongful discharge case. I would think your chances would be better if the written manual made any claims as to job security.

(By the way, the old employee of mine was paid for the hours taken out to cover her advance, and got away without repaying a porton of the advance, but the state did not allow any of the other money she was trying to get out of me.)

[bettyellen]

4. Thanks, what state was this? I am just comparing results with

state's employment laws... and damn Californians are sure better off than NYers. was this California?
Sorry you got screwed by that person... so unfair of her! You are kinda like the opposite of my employer, in that regard.

[Dr Ron]

5. This was in Michigan

It sure was a strange situation to get screwed by someone after giving her an advace (basically an interest free loan) when she was hard up, not to mention a lot of other things we did for her. Possibly I could have recovered the money if I took her to court, but I could not legally deduct it from her final check and it wasn't worth going to court over.

She moved in with a new boy friend a short time before quitting and stated acting very strange. For whatever its worth, the final letters from the state on this issue showed her address as changing from her boyfriend's to her mother's. I bet he also tossed her out.

[bettyellen]

6. Some people don't appreciate the help... honestly it's one of the reasons

i stayed with these assholes... they offered me a loan when I was looking into buying a place last year. can you imagine what deep shit i'd be in if i had taken them up on it? they used to be big on loyalty and having a 10 year total history with them I must say i was fooled. I go screwed out of vacation becasue they are such a mess at scheduling things- there was never a "good time". I feel like a big old sucker, I tell ya!

[otohara]

7. This Is More of an Unemployment Thing...But If You Do

bring it up, remember they might hold back your start date of unemployment checks until this is cleared up with employer. If it's a decent amount of dough, I'd go for it if you can hold out w/o unemployment coming in.

Wait until bosses get back, do not cash the check as that indicates you are fine with what they gave you.

Suing is very tough to do - You don't have a case.

[bettyellen]

8. I figured as much about the suing.. but I thought it could scare them.

I know they've paid off others to go away,, But I also know they will sleaze out anything they don't have to give. Well, I know it now. Hard lesson.
Just not paying me as if I wasn't there- the bastard asked me to finish up things and I did. I was civil and helpful to the last and they really stuck a knife in my back with that one! It makes me want to sue, but I'm afaid the one days pay is all I could possibly prove and get.
which would be so not worth it.

[barb162]

11. Firdt of all I am sorry as I have worked for lying bastards too.

Here's what I would do, go to the NY Dept of Labor and see what you have to do there to go after these guys for your rightful pay/time earned. File for unemployment first and once you have that moving along, it's harder for them to try to figure a way of stopping it. Severance... did you get it or not; I am not clear on this. Do you have anything in writing where they agreed to give the 3 weeks vacation to start? If it was 7 years ago, though, I think I would drop that issue

Also as for proving whether you were there or not on Monday, ask your one or two most trusted friends there to verify in writing or confidential phone interview with the NY Dept. of Labor that you were there.

I can't tell you to get a lawyer or not because I can't get a beat here on how many days they really haven't paid you and/ or if you have the severance in your hand. Whatever you do though, get a labor lawyer if you decide you want to even talk to a lawyer about what your case might be worth. Nothing wrong with blowing a hundred or 200 bucks to talk to a labor lawyer to size up if you have a case.

[bettyellen]

12. no did not get any severance- i wouldn't be bitching about one day

pay more or less if they had even just paid me a week. Ugh ! Thay are nuts, claiming I took more vacation than I did. It's a little hard to be cool headed about this. I am an idiot for not getting everything in writing. It really about nine days compensation-+ severence.
i just have squat in writing. i was a little too shocked and they have always been squirmy bastards about putting stuff in writing.